BAIJNATH SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court.:- Heard learned amicus curiae appointed by this Court for the appellant and learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction dated 13th July, 2005 and Order of sentence dated 15th July, 2005, passed by the learned Additional Sessions Judge, F.T.C., Koderma, in S.T. No. 79 of 1993, whereby, the appellant, who is husband of the deceased lady and the father of two deceased kids, has been found guilty and convicted for the offences under Sections 304-B, 302 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life and fine of Rs.5,000/- for the offence under Section 302 of the Indian Penal Code, R.I. for seven for the offence under Section 304-B of the Indian Penal Code, and R.I. for three years and fine of Rs.1000/- for the offence under Section 201 of the Indian Penal Code, and all the sentences were directed to run concurrently. It may be stated that the other family members of the appellant, who had also faced the trial along with the appellant, have been acquitted of the charges.

(3.) The case relates to the alleged dowry death of the wife of the appellant and the alleged murder of two kids of the appellant, whose dead bodies were found in a well on 11.02.1992. A written report was given about the occurrence by the informant Mangar Sao, who is the father of the deceased lady, on 17.02.1992, at the Koderma Police Station, stating therein that his daughter Manju Devi was married to the accused Baijnath Sao about six years prior to the occurrence, and she was being subjected to cruelty and torture for demand of dowry. The deceased had two sons, one aged about four years and the other aged about six months. He has alleged that in the night of 10.02.1992, his son-in-law and his family members had committed the murder of his daughter and her both sons by drowning in the well. Upon getting the news, the informant came to the in-laws' village of his daughter and the dead bodies were taken out of the well in the presence of Sarpanch. He has stated that he gathered the information in the village that the accused persons had committed the murder of his daughter and her two sons by drowning in the well. On the basis of the written information, Koderma P.S. Case No.42 of 1992, corresponding to G.R. No.42 of 1992, was instituted for the offences under Sections 304-B and 201 of the Indian Penal Code, against the named accused persons, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.